Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1887-04-15
STILL REFUSING
mr. murphy Again Before thu suner;,.
Court, superior
Custody OF the Sheriff ,h..u
"nt"'n Writ of Habeas Corn ne May


deputy Collector Murphy was again hefo,o
'"e superior Court yesterday forenoo, =,
io''o o'clock, that he might testify relative -
the payment of liquor dealers sns.;., o..
ny Reuben e. Hall of Gardiner tho -a,
e"' IN liquor nuisance case Mr.. Murnbv
." taxing the stand refused to testify and ,ha
Following colloquy took place.
Haun'y Attorney Mr.. Murphy, will Won
produce Certified copy of the record y ~" =.
you nave 10 your Office relating to tho M.
ihent OF the special tax Of retail Ga's.
uea,er TOT the year commencing Nav Iaae
oy Reuben c. Hall of Gardiner. if .nv 10Y, son
exists? any such
Inc ourt:-You decline on the sama
ground? " '''e same
WITNESS Il decline on the same yrornd
county ATTORNEY Mr.. Murphy. I raon;ro
you you 10 produce the record of the payment If
sSo as special tax paid by Reuben c. Hall
uaIuiher as retail liquor dealer, for the
Spec,aa TAX year SO called. commencing Nav
ISL, 1856, II any such you have in yonr no.
passion or under your control viii rnn
produce it? "i YOU
witness NO, decline to do so IN m.
same ground that l stated Yesterday.
County Attorney:-I have no other ope..
tons that desire to put
Inc Court:-l am fully conf rmel in mv
OWL view orl@hy expressed YESTERDAY in ra
iat'oh 10 the power of the court to compel
the production of material facts inyolved in
the tIlai of any issue in the State court and
nave accordingly directed the clerk to rrenare
me attachment to which | have referred. and
II nothing further ia so be said by Mr.. Muir.
ply in his own behalf, | shall adindup him
guilty of contempt of the court and order him
10 De committed to the county iail and there
heid until there IL com liance with the process
OF the court am aware of the provision in
sec luz, CHAP 81 of the revised statutes that
witness under such circumstances as these
may naed not exceeding $40 and commit
ted until the fine and costs of commitment he
paid, nut that l consider is simply an add
tlonal or cumulative remedy to be EMPLOYED
by the court at its discretion. But in a case
ike this where the act has not been fully
completed hut is continuing offence. it
seems TO me that an order TO pay fine of
so would be absolutely futile and impotent
10 accomplish the purpose, and therefore |
snail order him to be committed and
held IN custody until he complies with
TINS order, unless he Shall sooner be re-
leased on Il writ of hdbeas corpus, and
as have intimated. in view OF the fact
that he claims to be acting in good faith
and under dir elton OF his superior otfic do
not desire to impose unnecessary punish
mrut upon him, or to make martyr of him
Therefore, | shall suspend the absolute exc
cutlon OF the order that is, withhold the nit
tlmus, as we term it 10 ordinary criminal
cases, untll tomorrow morning at 10 O'clock
to enable MIN to bring a petition in the Unit
ed States Court, rs | understand his attorney
n N inn NJ ha1 do for thn
of testing the question If he is not released
on writ OF habeas corpus then he will be
absolutely committed unless he complies with
the order. He viii be in the custody of the
sheriff during the next "a hours, and also
subject to the order of the court in other
cases, and shall make the same recommen-
d ttion in regard to his custody during this
time rs did Yesterday.
Yesterday morning Judge Whitehouse re-
ceived the following telegram:
JUDGE nlTEHousE, Augusta, Me
Deputy tolivc,or Mu-pay in refusing to
obey .h- sunp,rna duceS tecum is acting
under instructions from me, the Hon.
Commissioner of l1t,rnai Revenue having
directed me to take this course. l trust you
will see your way clear 20 release Mr.. Muir
ply from arrest.
John B. REDMAN,
Collector.
The Judge, "a will be seen by his remarks
above, could not see his ''way clear" to re-
lease the prisoner.
Mr. Murphy after coming down from tn"
stand was in the sherff's hands and, although
not committed, was a prisoner. A petition
for a writ of habeas corpus aud the accom-
nanvinp Daners as made out and forwarded